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Old 07-09-2017, 09:17 AM   #15
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Gary's comments are spot on. Florida will gladly accept you as a resident, but will your former state let you go? For NY and other states, the key item is how many days did you spend in their state. For most 183 days in their state means that you are subject to their taxes and laws. We have even seen situations where someone left NY for a period of years and unquestionably were resident in another state, but came back to NY later on. NYS Department of Taxation has stated that stimulation is one where you never intended to leave NY and are subject to NYS taxation during the time you were gone.
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Old 07-09-2017, 08:53 PM   #16
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Quote:
Originally Posted by wnytaxman View Post
Gary's comments are spot on. Florida will gladly accept you as a resident, but will your former state let you go? For NY and other states, the key item is how many days did you spend in their state. For most 183 days in their state means that you are subject to their taxes and laws. We have even seen situations where someone left NY for a period of years and unquestionably were resident in another state, but came back to NY later on. NYS Department of Taxation has stated that stimulation is one where you never intended to leave NY and are subject to NYS taxation during the time you were gone.
Just gonna add something I read somewhere else....in this case it is from MA but i suspect other states have rules close to these....

Legal and Residency Status
Change in Domicile from Massachusetts - Contesting Domicile Audit: A change in domicile will not be accomplished by a temporary or protracted absence from Massachusetts. A taxpayer must not intend to return. To change domicile, a taxpayer must demonstrate that he has taken affirmative steps consistent with his declaration.
A taxpayer's declaration of his intent will be subject to close scrutiny. One who asserts that domicile has changed has the burden of proving that fact. A number of factors will be considered in determining whether a taxpayer has changed his domicile.
Factors to be considered, the taxpayer has:
purchased or leased a new home or an apartment in the new location; moved his personal property to the new location; obtained permanent employment in the new location; canceled Massachusetts bank accounts and opened new accounts in the new location; sold real property in Massachusetts or canceled leases; issued address change notices; changed voter registration; obtained a driver's license and automobile registration in the new location changed membership in churches and clubs; in general, the taxpayer is involved in the new community.


And an example from the same site.........TIR 95-7: Change in the Definition of...
example they list.........Example. Linda and Paul consider their domicile to be in Massachusetts. They own a home in Massachusetts in which they reside for half of April, May, and September through December each year. Linda and Paul have driver's licenses, bank accounts, and credit card accounts in Massachusetts. Their children and grandchildren live in Massachusetts, as well as most of their friends. Linda and Paul also have a summer home on the coast of Maine which they live in during the months of June through August. Linda and Paul spend the rest of the year in their condominium in Florida. Linda and Paul are residents of Massachusetts for tax purposes, even though they do not spend more than 183 days per year in the state, because they are domiciled in Massachusetts.
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